r.

E c s A

#68

EPISCOPAL CHURCH PEOPLE for a FREE. SOUTI·fERN AFRICA

Phone: (212) 4-77-0066 339 Lafayette Street New York, N.Y. 10012

------BYTOBIASMBAKO -----• AT THE FIFI'H All Africa Conference of Churches, which ended on August25 in Lome the capital of'IOgo, church leaders from all over the world pledgedfullsupportforthe liberation movements of South Africa and Namibia, both inside and outside their coun­tries and called upon all Christian people and governments of African states to do likewise.

The Assembly, attended by over 500 delegates, called on the ''illegitimate · apartheid regime· of South Africa to enter into meaningful dialogue with accredited~ntativesofthe black population with a view to establishing just and equitable political systems ac­ceptable by the ~cy of the SOuth, African and Namibian people.

Described by Dr Abisai Shejavali of theCouncilot'ChurchesinNamibiaas "a successful meeting where we were bound together by: the Christian Faith''," the conference devoted most of its time discussing. tlie crisis in southern Africa. ·

·The Assembly also commended and praised SWapo's readiness to sign a ceasefJ.re at any time with the South

The conference Assembly also resolved that it was "seriously disturb­ed and dismayed at the notice of deten­tion of our brothers in Windhoek, Namibia," and called for their im­mediate release ortriaJ.before a court of law.

The All Africa Conference of Chur­ches (AACC) is a fellciwab.ip .of 118 membercburchesand·appmximately 20 associate Christian Councils founded in 1963atacouferenceheldin Kampala, and bas headquarters in Nairobi. Thisyear's.AaJemlymeeting was the flftb; and it is held every five years.

At this year's conference, Namibia was represented by the General Secretary of the Council of Churches

. .

Assembly commendS.Swapo readiness . to sign a ceasefiioe" . . . .

African government to end the conflict in the country, and rejected the linkage of the independence ofNamibia with the withdrawal of Cuban troops from Angola.

in Namibia, Dr Abisai Sbejavali who was accompanied by the Rev Zedekia Muyoro, the Principal of the Paluinum Lutheran Seminary. Also attending wasBevPeterLamoela.oftbe United CogregationalChurchofSA, which is also· a member church of the AACC.

Also addressingtbe conference was the Presidentof'lbgo, General Gnass­. ingbe Eyadema, who affirmed the role of the church in nation building. He said that the AACC bad an arduous task to help eradicate social, economic and political problems facing the

12 September 1987

pressed people. During the Assembly, Archbishop

Desmond Tutu of South Africa was elected President of the AACC. Also, Rev Jose Belo Cbipenda, the leader of the Protestant Churches in Angola was elceted as the new General Secretary.

The Assembly further expressed anxietyabout"tbetotalltrategyofthe South African regime to coerce and distabilize the Frontline and neighbouring states of Angola·; Botswana, Mozamique, Swaziland and J:imbabwe," and declared that a com­prehensive economic emargoon Soth Africa itr anon-¥iolent way of ending the apartheid regime.· It called upon itaelfaDd the IDt.ernational Communi­ty to do all etforts"to.ensure that.

The lives of the people in Namibia and South Africa, the Assembly noted, are in perpetual danger and therefore need their honest prayers and attention.

It appealed to the International Community to give economic assistance to frontline and neighbour­ing atates whose economies are con-

' si&teiitly being threatened by South Africa's destabilisation proce88.

The . Assembly .condemned "the 'systematic imposition of ap¢}leid lawsandabuseofbumanrightsofthe majority population in SA and Namibiauqjust,bereticaudimmoral", ·and ·made a stern call to release all political prisoners of conscience in Namibia and South· Africa.

A call was made to to delegates at the Assembly to recommend to their respective Churches, Councils, and governments to establish a formula i9nliaison with creditable leaders and Councils in Southern Africa so as to enablethereccommendedexceptional sisters and brothers from SA and Namibia toenterintotheirrespective countries.

The conference which was opened by Dr Emilio Castro, the General secretary of the World Council ofChur­ches, expressed solidarity with the struggling people of Namibia and South Africa aud resolved that it was "concerned with the deteriorating situationinSoutbAfricaandNamibia occasioned by the increase in immoral and wijust Laws of the illegitimate white minority regime of SA, and in­cesantPolice brutality which terrorise and oppress the majority Ablack population."

African continent. He urged the ...--------_;_ ___ _ church not to ignore the fundamental problems of man but to strife bard to provide a better spiritual and material ~istance to the suffering and op-

""'": ..

RAJAH MUNAMAVA.

RELIABLE 80UJ"Cea iD Grootfon· MiD report &Jaat CION OD 180 chUclren,IDCNidy teeDaters,are he­m, held II& ~ premilel under pard by armed 110ldien iD t.hia DOrt.bei'D &oWD of Namibia.

The children, who are believed to be from northern Namibia aa well as 10uthern Angola, are being held at SWANLA,formerlyaboet.el,DDWturn· eel into an army buildiq near the black township of Grootfontein.

The children -re fiftt Men a fort· night ago and more were brouahtinon Thunday laat WMlr. and lut Monday.

ASpokeamaDfortb.eSWATFM.;or FaDie Krige,deniedlmowledgeabout the children wbenapproacbedforcom· ment.Jte Mid tbattbearmywoulclnot keep children in a camp UDleu they were there for a purpose auch aa a IChool tour.

M~r Krige bOW'eVer confirmed that SWANLA wu Wled aa a transit campfortroope to and from the opera· tional area and added that there aa continoua movement rL troope there. He further aaidtl:W tbecamphadnot been Ul8d in the put weelr..

The IOW'Ce/1 aay the children are be-

iDg 1\Wded bywhitelllldieraonly, and are often wader armed e8COrt when theymoveODtbepnmiae&. SomerLthe children .. believed to be from On· dobe in the Uukwaeyamaareain nor· thern Namibia while 10me are thoQiht to be Ovimb~u tpealr.ing from Southern Angola.

'lllechildren wboanivedwith worn· out dothing have been iuued with bruwnlhlrta &Ddaborilfrom the army and are wallr.ing with bare feet and ~~~merLthemare~withc:hainaon their armaandlega. They are all boys.

_________________ Fr_id~ay~A~u~g~u~~21~1~9~~~3 _____________ T~H~E~N~A~M-IB~I-A=N--·~

11-IHl\\~1 T tc.lN(,.AJUilO •

Hier is die mense wat verantwoordelik gehou moet word

NAMIBIAN LAYS CHARGES OVER PAMPHLET, • •

THE EDITOR of The Namibian, Gwen Lister, has laid charges with the pollee concerning Illegal use of photographs belonging to the newspaper on the anonymous pamphlet pictured above.

The pamphlet which was widely distributed throughout Windhoek and Katutura apparently in the c:oune oCWednea­day night, is being circulated by unknown persona, organiaationa or groups. Several photographs of leading Swapo personalities used on the pamphlet are the property of this newspaper, and protected in terms of Copyright lawa. At no stage was the newapj!.per approached for permiasion to uae the photograph& for auch an inllammatory and libellous smear campaign. · .

12 September 1987 iB the lOth anniversary of the JIIUI'der of Steve Biko by the South African secu­rity police. 1987 is too the 20th anniversary of South Africa's Terrorism Act, legislation passed in the first instance to imprison Namibian SWAPO resistance fighters. · Pre­toria' s Ter'I'Orism Act is verv nn.1ch alive and used in occupied Namibia.

In the latter part of Au­gust key leaders identi­fied with SNAPO were de­tained under Section 6 of South Africa's Terrorism Act:

The REv Hendrik Wi tbooi, 53, African Methodist EpiscoPal church pastor and vice-president of SWAPO; Daniel Tjongarero, 40, cormnunications direct­or of the Council of Chur­ches; Nice Bessinger, 39 , SWAPO's acting foreign affairs secretary and an archi teet ; Anton l.ubowski : 35, lawyer and officer of the Mine Workers Union of Namibia; John Pandeni,gen­eral-secretary of the Na­mibian Food and Allied Un­ion; and, Ben Uulenga, 35 , general-secretary of the Mine Workers Union of Na­mibia.

On 11 September, a judge in Windhoek granted an application by :relatives for the release of these men held inconrnunicado, and by nightfall they and trade unionist Asser Ka­pere, were freed. But Tjongarero - who had been taken to hospital for an operation, and !.J.ll:owski , in hospital, remained in medical car€.

Pretoria and its agents remain in charge, as the stories alongside prove. Pretoria will strike a-gain against the opposi­tion.

Tae bo'xed excerpt from THE NAMIBIAN newspaper of Windhoek teZZs the beginning of the end for the gaZZant effort by the Mineworkers Un­ion of Namibia to win better wages and work­ing conditions from Namibia's chief base metaZs producer3 Tsumeb Corporation, Limited. The appeaZ granted to MUN was abruptZy dis­missed by the South African appeaZs court a few days Zater. TCL began evicting strik­ing miners and has com­menced hirinq some oZd, some new workers . TCL generaZ manager Meirin_ says over ZO,OOO men have appZied - 'more than 90 percent of the dismissed workers have reappUed'.

The MUN's appZication to the TransitionaZ Government, a boay set up in Windhoek by Pretoria, for a conciZiation board

THE' NAMIBIAN Friday August 2r 1987

TCL eviction order succeeds -------BYMARKVERBAANANDRAJAHMUNAMAVA------­

. THE URGEN':!' APPUCATIONbrought byTsumeb Corporation Limited (TCL), to have its dismiss­. ed workers evicted from the mine hostels, su?cee~ed on ~onday when Supreme Court Judge, Mr Ha~ld Levy, ~rdered that the workers be evicted Immediately, An application for leave to appeal

. againsttherulingwaslodgedon Wednesday, and the workers were permitted to remain at the hostels until this applicati~n ~ad.been decided on. Judge Levy ruled that the 3 010 respondents in the mat­ter had been legalJy disnussed, and as a result were in "wrongful and unlawful" occupation of the hostels. ·

' i

•

MR BOB MEIRING, the Corporation's Chief Executive, pictured leaving the Supreme Court this week after TCJ.:s successful application for an eviction order of striking workers from the mine's hostels.

to resoZve the dispute was refused by the Pretoria puvpets. The occupying vower, its ZocaZ entity, the South African courts,· (the South African PoZice and Defence Force Zooming readY in the wings) and the Tsumeb Corporation (controZZed by South African3 British and American companies) combined to break the miners' strike. Here are portions taken from affidavits submitted in court by empZoyees at TCL: ···-·--- . ··---·------ ----------- -- -·----· ---· ·-·

Johrmy Nuukunde, father of four, an 11-year employee of TCL as an X-ray machine operator : 1 I mrk 9. hours per day without any break of any kind, other than that required to perform

my natural functions. I am at present paid 2.05 Rand per hour, and am a so-called grade 10 worker. ((.tb.e Rand is about 50¢ US)) ••• I am at present receiving a monthly wage of R405. 90 . . . . I submit that in terms of my contract of service, paym,ent to me should have been made in terms of the supplementary Living Level ((as set forth in the University of South Africa's manuaZ "The Minimum and SuppZementary Living LeveZs of Non-Whites residing in the main areas of the RepubUc of South Africa")):

Six Member Family Cape Town R546.98 Johannesburg R617.85

As my family consists of six members, and taking into account that the inflation rate for 1986 1.mtil now was 12.4%, I should be receiving a monthly salary of R549.46 ••. Given the high costs of transporting goods to Namibia, it is generally recognised that the cost of living is significantly higher at Tsumeb. Even assuming that the food and accommodation supplied by (the Company) is worth RlOO, I submit that I am still being paid well below the supplemen-tary economic level. 1

· .. Mwetu11.mdila Benediktus, father of six children, employed by TCL since 1984 as an under­grol.IDd driver: 1 I work 8. 5 hours per day without a break from Mondays to Fridays. On Saturday I work 8. 5 hours without a break; five of these are r':garded as being normal time, and thr>ee and a half as being overtime. On Sundays I work 8 hours without a break; this is regarded as overtime •.• I wish to point out to this Honourable Court that the mini­mum rate paid by Consolidated Diamond Mines is R455 per month. The minimum payment made by 'RC1RRim:r Uranium Limited is R446 per montn. The mirrimum payment made by TCL is Rl79.52. 1

TCL WORKERS' GRIEVANCES AND DEMANDS

l. Wages are extremely low. We demand 120% increase for all workers. 2 . \1/e want to live with our families. Abolish the contract migrant system and allow us to

live with our families. TCL must build houses for workers and their families. 3. Living conditions for TCL workers are extremely bad. Do away· with overcrowding, bare

cement floors and squalid conditions. Provide electric heaters, beds, mattresses ,ward­robes, carpetting. Fit ceilings into the rooms. Extension of existing hostel facili­ties to overcome overcrowding. Provision of guest house facilities for visiting fami­lies . All imProvements shall be undertaken in consul tat ion with workers' representa­tives. Adequate telephone facilities in every section. Improve diet to include such basics as milk, eggs, fruit and vegatables.

4. Improve safety conditions at work.. Provide free safety equipment and free working clothes.

5. Thousands of workers have been fired by TCL without compensation after injuries. All injury cases must be investigated and compensation provided. All past cases of injury shall be investigated by a body including workers' representatives. All employees in­jured in the line of duty will be compensated with immediate effect.

6 . Proper and adequate pension arrangements must be established for all TCL workers . Pen­sions must be prepared well before retirement date.

7. Paid annual leave for 60 days (2 months) so that workers can have sufficient time with their families.

8. Transport facilities are very inadequate. · Provide free and adequate transport to and from the city, as well as to and from the workers' homes, every weekend.

9. Apartheid and white supremacy still reign supreme at TCL. They and all forms of dis­crimination must be abolished.- Whites should stop being called 'Baas'. Separate facilities for workers according to their race must be done away with. All facilities shall be opened to all TCL workers irrespective of race, colour or creed with immediate effect. In the case of workers taking up grievances in this matter they shall be aided by workers' representatives. Black workers must be recognised as people and their human dignity must be restored.

10. TCL must acquire an efficient ambulance service. Workers who are sick must stop being transported by train to and from hospital. In emergency cases TCL must use the corpora­tion's plane to bring the injured and sick to hospital.

11. In case of mine closure, workers must be given retrenchment advances covering at least one year.

12. Arbitrary and unfair dismissB.ls must end. 13. The vast majority (99.9%) of TCL workers and their families are directly affected by

the war in the North. The rrajority of workers have lost members of their families as a result of the war. TCL must state unequivocally its stand regarding the war waged by South Africa against Namibian workers and their families.

14. Workers must be given paid leave in case of emergency at home. Refusal of this and threats of dismissal must end.

15. Verbal harassment of union members and sinister remarks about the union (Minemrkers Union of Namibia) by white supervisers must end. No victwsation of union members shall be allowed. All cases of victimisation shall be reported to the Industrial Relations Department.

ONE WAY TO BREAK A STRIKE

The CI'IY PRESS newspaper of Johannesburg on 30 August 1987 published a confidential telex from the South African Reserve Bank instructing foreign exchange dealers to suspend funds from overseas that had been sent to the National Union of Mineworkers during its three­Week long strike against major South African gold mine companies.

Pretoria's finance minister denied the Reserve Bank had interfered with the transmittals from NUM sympathizers in Europe and North America. He said the banks had been ordered on­ly to 'rnoni tor' foreign contributions. State President P. W. Botha has repeatedly warned that his government will take steps 'against people who receive funds from abroad in order to undermine South Africa'. During the recent Whites-only elections it was disclosed that National Party candidates received substantial campaign monies from South African subsidi­aries of British, West German and United States corporations.

------------BY GWEN LISTER'.;.·-------------

J

·•

OATH OF ALLEQIMIC~

--4~1 crw• ~~ ••• Qte'~--~~ih~.t~oR!te ..... ~~-··············-~··. do bereb)' c1ec1are on oath that t'WII ~faithful to the RcpubUc or &outh Mrtca. ot.crwe 1ta aawa.· promote ... thllt whk:h w111 acMance It and opp»e 811 that may harm 1t. So netp Pic Qod.

// ~- ,_~ S/tiP'It«<f*---.1-!:~.--···---· -

"' SWorn artd ~ to U1Js ••••••••••• -:,. ••••••••••••••••• day of

......... l'!.«JJ.~~ ..... I!¥.& ........................ 19 •• fk .... , before ~~~e.

Place ...... ll.:l..t.tf..JJ.!!f!H:.!!:.. •.•••..••

J)lstrid. .... JJ.!.~ . ..b .. l:t.~/.':-1 .••••••• rrov~nc:e. ...• ~.erM:I.t .... ~e..H.. A ~ 11:.; ~ .. THE OATH signed by Mr Moses Katjiuongua on November 7last year, in which be promises ''that I will be faithful to the Republic of South Mrica, observe its laws, promote all that which will advance it and oppose all that may harm it. So help me God". A spokesman from the Swedish Leeation confirmed that Mr Katjiuoneua'a Swediah pasipol"t had been handed to their office by the SA Depal"tment of Foreign Affairs "about six months ago". He confirmed that the Depal"tment of Foreign Affairs had said that Mr Katjiuongua had taken out South African citizenship.

INTERIM GOVERNMEN'.!' ~~.~,)\~~~ ,J(at. jiuongua'-s pro-SOuth African·-~ '.~ .. ·SOJB&.;:way towards es:pl.aimaghis con~:~~~~·the apartheid govemme~ · ';,,~.:,,.r.:: · ~~-. ·,_. .. ~·";·.;;;: ·

·Wbile itlstrtte.~·saytbat Mr ¥~~-em.;~r consideNble-criticism.for his ~.aession of. a · · · passp0~ .~.even.his -eiitics .wOUld .ha:vee:· a:M~id.·~•:d himto·sign. 81l•O&th,declariDg ·. . . Bepublic.ofSouth.~~pP~its . . . . .· ... that which willadvan~~·andQpPo.e,aQ~may.~-it" in excb&Qge for a ·south·~ pusport. · · .But~ ~ath Uuit. he ~;~ow. signed and committed

himself to pmmoting the coloDial pow.er and opposing auything which m~.y,Jum.:~a:·~ -~~~Ji~ Will only further condemn ·him m· ·the· ·eyes of the Namibian pec;ple. ·• · . ' ·. ·. ·c. · ' · ·

THE NAMIBIAN

;THE 'NAMIBIAN·.

Friday May 1 1987 7

;," . .. '

ABDUCTED top African National Congress (ANC) member Ebrahim Ismail Ebrahim, alias Roy Zaheer, this week gave a picture of the· dramatic events surrounding his kidnapping from .Swazi.and to South Africa last December 15.

This was in the f()rm of an affidavit presented in court· at Komatipoort.

. .

Un .. tillSDecember 1986,I was residing in Swaziland at my hou~ in Pine Valley in the district of Mbabane in the Kingdom of Swaziland.

On that day, I was unlawfully abducted by agents of the So.uth

·African· state in the following c; rcumstances:

There. was.a.knock at my door at approximately 9.30pm. It was answered . by Dumisane Zwane, who was a gardener employed by me at this house.

Afrer answering the kriock, Zwane returned to tell me that some people wanted to borrow a wheel spanner.

I went to the door and saw two men who said that they had had.a breakdown.

1 went with my keys to my own car which was parked outside the house. I was .about to open the boot of my car in order to assist them men when they held me up with fuearms.

They told. me that if I made a noise or shoute~ they would kill me. I asked them who they were and they said they were South African policemen.

The two men then escorted me into the Pc>use where. they aiso held up Zwane. They then tied my hands at the back with a rope and took me to my room.

They searched the house . and removed various items. Various documents which. they removed were put into a metal file container. They also took a cash sum of R4 500 and a radio cum cassette player. . ·

In addition to these items, they removed. a lady's handbag, some clothing which they put in one of my suitcases and a walkman cassette player with about 20 cassettes.

I was then blindfolded, my mouth gagged and l was put on the . seat of my car where I was told to lie down.

THE NEW NATION 'August 6' ..-·12;.1987'

1 was then driven out of Pine Valley against my will. We arrived at what appeared to be a garage of a house. I was then removed from the car and made to sit on a chair. One of my abductors went away and the other remained with me.

He removed R30 from my pocket and told me that they had been looking for me and had found me at last.

The other abductor returned and a whispered conversation ensued between them.

I was put back in the car and driven towards the border post. I suspect it was the Oshoek border post.

The car stopped. There was some conversation between one of my abductors and somebody outside which I could-not hear. I was then taken out of the car and made to walk down an incline. My blindfold was removed and I was made to cross the fence.· Thereafter, we crossed three or four fences.

When the last of the fences was crossed, one of my abductors went

back and one remained with me. We then walked up an incline and reached the main tarred road near some shrubs. I could see the bright lights of the border post. I was now on the South African side of the border against my will.

By now, my gag had become loose and a conversation ensued between me and my abductor. He said he would have to wait there ·for a: long time because the people who were coming to fetch me were coming from Johannesburg. He stated that I had nothing to fear if I co-operated with the police, and that they would furnish me with a passport to go to Zambia as an agent of the South African Police. He did not give me his name. He said he lived in Soweto. · . This man also told me about an incident where a detainee by the name ofWally had escaped from a police vehicle at Uncle Charlie's junction in Johannesburg. He said that he was present when this happened and. that the escape was a planned affair because they wanted Wally to be their agent. Wally then "betrayed them" and was subsequently killed.

The same man also told me that he had. previously taken a certain

. African National Congress refugee living in Swaziland across the border to meet a person whose name l cannot recall, who was in charge of border security between South Africa and Swaziland.

My abductor said he had worked under this policeman in 1983 and that this official would be one of the persons who would. be coming to. fetch me. He stated that this official was a nice person and that · I 5!!oul~ co-operate with him.

During the course of the conversation I asked this abductor how he knew where I lived. He said that he had picked up my trail on the previous Friday morning when a number of raids had been made into Swaziland. ·

I had read reports from the Swazi Police that these raids were carried out by South Africans, and that a Swiss couple had been abducted and later returned after the intervention of the South African Department of Foreign Affairs.

My abductor said the South Africans had been watching a flat of a South African refugee by the name of Mapumulo, who was staying at Gaveni Flats near Manzini.

He said he had seen me on the morning the flat was raided while watching traffic to and from the flat. He said he had tailed me and described exactly what I had done on that occasion.

I remained in the· company of my abductor for some hours. Later, he looked up and saw two cars parked next to one another a little distance away.

We walked towards these cars. As we got closer, some white men armed with rifles closed in on me. One white person put leg irons on my legs, my hands were untied and I was then handcuffed.

The white person was given the metal container containing the documents removed from my home. The metal container was put into the boot of the car of this white person.

I was then compelled to get into one of the cars. There were three white men in the car. One was called Jeff, one was. called Chris, but I did not hear the name of the third person who appeared to be in

chirge. We then drove off and the other

car appeared to be escorting us. Its registration number was KLC 77f!f.

The two cars were in constant radio communication with each other. The car in which I was had a built-in radio. It appeared to be. some kind of official car and a code was used between occupants of the two cars in contacting each other.

AB we began to travel, dawn was breaking and my interrogation commenced. The persons in my car asked me about the ANC, about people in Maputo and other matters. From the interrogation, it appeared they were security policemen.

We made a few stops on the way. At one stage we came to an army roadblock. The escon car whicll was in front communicated with the motor car in which I was. The cars stopped at the roadblock and the driver of the escon car spoke to one of the soldiers. We were allowed to move through.

Jeff threatened me on the way, saying they were going to make me stand on bricks and would not _!_ .... -- ~---4.1...!-- .. _ --· -- ..JI....:-1 ...

When we got to Pretoria, the man in charge established radio communication with someone. We parked in the street and waited for about 15 minutes.

Eventually, the person with whom radio communication had

been established said he could see us. A car then parked behind our car.

I was taken out of our car by Jeff and put into the car that parked behind us. I was in leg irons and handcuffs.

The person in charge of our car had a conversation with one of the persons who came in the other car.

The car to which I had been transferred was driven to a building in the city centre on which. the words Police Museum were inscribed.

I have since discovered that these are the offices of the security police in Pretoria.

I was taken inside that building. Although there were very strict security checks at the entrance of the building, my escorts and I went in unhampered. We went up the lift and I was made to sit in a very large office.

A person came into the office and introduced himself as Brigadier Schoon. He also introduced another brigadier whose name I cannot recall. A captain Britz was also present.

Schoon asked me if I had been assaulted. After I said no, he asked me why my eyes were so red. I told him it was probably because of lack of sleep. He then said he would. get a doctor to see me. He kept that promise.

I told Schoon I had been abducted from Swaziland. He said the reality of the matter was that I was with them in Pretoria then.

On the same evening of December 16 1986, I was introduced to a captain Naude, a warrant officer Savage as well as a lieutenant whose name I cannot recall.

Naude told me that they were going to be my interrogators. I complained to the captain that I had been abducted from Swaziland. He said that was allowed.

He then read from a typed sheet of paper saying I was being detained un-der Section 29. He asked me to sign th,• Ntper, which I refused; saying tlw p.1per did nov say I had been abducted.

He then said I should sign the document and write under my signature that I had been abducted from Swaziland. I did so.

Naude then brought the metal container. He asked me to identify it. He then emptied it and made a list of its contents. I agreed that the contents.had been removed from my place, although some of the items did not ~long to me.

My handcuffs were removea 10 the office and the leg irons were removed in the cells. The security police did not have problems in removing the chains - they apparently had access to the keys.

Two days before Christmas, I was taken for interrogation in the same building. There I met two white security policemen. There was also a black person with them. They all wore badges saying "Besoekers-Visitors". They gave their names but I cannot recall them.

The security policemen boasted of their success in kidnapping people from Swaziland. The black person with them was called September, and he had apparently been abducted from Makhanyane Police Station in Swaziland. in August 1986.

The security policemen said September was now working for them. They asked me what. I thought of Sydney Msibi, whom they had kidnapped from Swaziland in June 1986. They told me he had been released from detention.

I had read a news report in about October that Msibi's lawyers had demanded his release and threatened to take the matter to court. Msibi had th·en been released.

These policemen also told me that I must have thought that it was quite safe for me to be in Swaziland, and that they would never get me. They said they were looking for an Indian in Swaziland by the name of Ivan, and that they would find him and bring him into South Africa.

This was all quite consistent with other statements made from time to time showing their involvement in my abduction.

At one stage. in Pretoria, Naude had said I must have been quite surprised that they came for me so soon after they had raided and abducted certain other persons in

• Swaziland. Since my abduction on

December 15 1986. and the detention which followed, I have consistentl"y com- ' plained that I was · unlawfully abducted and that I am in unlawful · detention.

10 WEEKLY MAIL, August 7 to August 13, .1987

Changing the daily grind in the Emergency cells 0 NN BEKKER t report how important it has been to

J -A repor s on How the detenti.on. regulations have changed them, to be outdoors for at least an changes In the status of hour each day."

detaineeS SubJect Old Emergency Regulations New Emergency flegulellons Awalllng·lrlal Detainees do not get the same ac-DET AINEES Murphy Morobe and (Issued by the Minister ol Justice) (Issued by 1116 Slate President} prisoner regulation• cess to family. friends, IJwyers and Mohammed Valli, both key UDP Exercise Alleastonehourperdaylnopenalr Atleasthafanhourlrlopenat Atleastonehouroutslde(wealher priestsenjoyedbyawaitihgbialpris-leaders, last week became the first -weatherpermhting tweatll6rpeimllllngJoretsewtJere pennllllng)-inspectatcases.haNan oners. All visits must be approved by. Emergency detainees known to be re- ours/d6 cell hour the minister of law and order or his fused access to lawyers. VIsits No vishs whhoulthe permission ol No vlsils wilhoullhe permission ol Enthled to receive vlsfts abhough they designate. · ··

The refusal followed a recent Ap- (Family, priests, the Minister o1 Law and Order or his the Min/S!erol taw and Orrferor his can be Rmlled lithe discretion of the "There are certain grey areas where peal Court ruling which placed legal lawyers) designate designate Prison Services the results of the new regulations are access in the hands of divisional May-""·eand~"'e'-e--...,.., Ent"ledtolene-llU..._..toprison not clear," Dudlender said. "What is

1• Letters Only with permission ollhe Prison ·~~· ""' ""' ·~ ~v,...., " ·~ """~' commissioners of po tce. commander and sAP commlsioner to prison censorship censorship clear, however, is that detainees are

The judgement was in direct con- not being held in the same conditions flict with recent Emergency detention Newspapers ~~!~~e;;i~~lyc~~:'a~:,aoazlnes =:,'!',.~::,:::::,::prison . ~'::to~~~~'::sioner as awaiting trial prisoners. They are regulations which purport to give de- significantly worse off in a number of tainees awaiting trial status. Awaiting Other reading Not enl~led Canbuyorroceiveboolrserc. Canbuyorrecelvebooksetcapp!OYed respects. These include visits, buying trial prisoners have automatic access maller approved by the commissioner by the Pollee Commissioner AewepapeFS, receiving food from out-to their lawyers. Articles or Not enthled Not allowed to buy or receive food. Approved articles permlned by Prison side prison, exercise and studying." "Valli and Morobe, like the 3 000 tood parcels 7Vs. radio, recofflptayer. rape Services The inlrinsic difference between de-people the Detainees' Parents Support recoffler. nvsicallnslrumenrs tainees and awaiting trial prisoners is Committee csti mates arc still in de ten- studle• Only allowed with prison and poroce Permllted •as far as practicable" 1n No specHic provision that detainees have no trial, and finite lion, .1rc be in~ held under new Emer- approval prison's opinion -subject to limits are not set on the period of their "cncy dclcntion conditions imposed Nmtlations and restrictions imposed imprisonmenl b by 1116 pollc9 on June 26- the day the state had to "Psychologists do not always agree reply to a court application challeng- Discipline Harsh measures lor specKle Entitled ro legal representative Can be sentenced to a reprimand or on the effects of detention,'' says Jo-ing the punitive aspect of Emergency contraventions. No right to under prison reoulations loss ol meals lor one day. Entftled to hannesburg attorney Nicholas Hay-. · representation except wfth Mlnlstefs legal representation detentaon conditiOns. or Commlsslone(s approval som. "But they do a'ree that one of

"It is impossible to avoid drawing the most dangerous aspects of deten-the conclusion that the reason for this Place ol Prison, pollee cen or pollee lock-up Ptiscn. May not remain In po'lce eel Not specHied tion _ no matter for how long _ is was that the state feared the existing Detention ~:::/:ss'f:!i'co":':: Police what is called the 'uncertainty syn-rules, under ·which detainees had L---------------------------------------------1 drome'. It is impossible for detainees been held for over a year, would be On the positivo side, detainees will fact that Emergency prisoners c; 1 no tied to legal representation. to adjust or get a grip on the future or found invalid," said Geoff Budlend- be able to receive letters and books. longer be kept in police cells or )ock- On the negative side, detainees' the pasL" er, national director of the Legal Re- But, as is the case with awaiting trial ups for more than 14 days without rights to exercise have actually been Many of the detainees were re­sources Centre. prisoners, this will be subject to pris- the consent of the comnussioner of scaled down. Under the old Emer- detained when the Emergency was re-

While acknowledging the new reg- on censorship. police. "As our experience has been gency detentibn regulations, detai- newed in June and have been in pris-ulations represent "marginal improve- A major gam is that detainees will that abuse of detainees is more likely nees were entitled to at least an on for 14 months or longer. ments" to detention conditions, hu- now be able to study through corre- to take place in police cells than in hour's exercise a day in the open aii .. Whatever the regime of detention, man rights lawyers believe they are spondence, although the police may prisons, it is possible that the•early in good weather. Now the minimum it is now long-term imprisonment," still punitive and still open to legal impose limitations. Previously the transfer of detainees to prisons may period allowed is half ab·hour a day. Haysom said. "Detainees we see have attack. . onus was on detainees to obtain pris- provide some protection," Budlender Exercise need not be in the open air, the same domeStic and family trauma

The new regulations set out to ac- on and police approval. Awaiting trial said. ~ut can be in another "suitable place" and disruption of employment as cord detainees the same status as prisoners, however, have no restric- A further improvement is that detai- outside the ceU. · long-term prisoners. One would hope awaiting trial prisoners, but introduce lions on studying. . nees prosecuted for a contravention "The change seems minor," Bud- they would get more than awaiting several significant exceptions. Lawyers have also welcomed the of the prison regulations wiD be c;nti- lender said, "yet Cletainees frequently trial status."

STRIKE AT TCL!

ECSA 339 Lafayette Street

ew York, N.Y. 10012-2725